SOUTH
AUSTRALIA
LISTENING
AND SURVEILLANCE DEVICES RULES 2005
The
Listening And Surveillance Devices Rules 2005, dated 28 November
2005, came into operation on 1 March 2006 (South Australian Government
Gazette, 19 January 2006, p.234).
These
rules may be cited as the Listening and Surveillance Devices Rules 2005.
These
rules will come into operation on 1 March 2006.
In these rules—
Act
means the Listening and Surveillance Devices Act 1972;
duplicate
warrant means the warrant form required to be filled out
and signed under section 6A(3)(g) of the Act;
regulations
means the Listening and Surveillance Devices Regulations 2003.
4 Applications
for issue, renewal or variation of warrants
An application
for the issue, renewal or variation of a warrant under the Act—
(a) must be made—
(i) in urgent circumstances—in accordance
with section 6A of the Act;
(ii) in any other circumstances—in accordance
with section 6 of the Act; and
(b) must be in the appropriate form set out
in Schedule 1 of the regulations with, in the case of an application made in
urgent circumstances by facsimile under section 6A of the Act, such variations
as may be appropriate.
5 Documents
to be lodged in sealed envelope with judge
(1) An affidavit, warrant or other document or
proceeding brought in the Supreme Court, or issued in respect of an application
for a warrant under the Act, must be lodged in a sealed envelope with the judge
hearing the application and must not be filed or lodged in the Registry or
entered in the records of the court.
(2) If an application for a warrant has been
made by telephone under section 6A(3) of the Act, the following procedures
apply:
(a) the applicant must, as soon as
practicable after the issue of the warrant, forward to the judge who issued the
warrant the documents referred to in section 6A(3)(h) of the Act in a sealed
envelope; and
(b) the documents referred to in
paragraph (a) must not be filed or lodged in the Registry or entered in
the records of the court.
6 Affidavits
by police officers must have approval appended
An affidavit
verifying the grounds of an application for a warrant made by a member of the
police force must have appended to it a copy of the written instrument
containing the approval of the Director of Public Prosecutions for the making
of the application.
Note—
See
section 6(2)(a) of the Act.
(1) A warrant issued under the Act must be in
the form set out in Schedule 2 of the regulations.
(2) A warrant and duplicate warrant issued in
urgent circumstances under section 6A of the Act must be in the form set out in
Schedule 2 of the regulations with such variations as may be appropriate.
(1) Following the hearing of an application for
the issue, variation or renewal of a warrant under the Act, the warrant, any
copy of the warrant, the affidavit verifying the grounds on which the
application was made and any other document used or referred to in relation to
the hearing must be placed in a sealed envelope and lodged with the Registry.
(2) The sealed envelope
(a) is to be kept in such secure place as may
be directed by the Registrar for the period written on the face of the envelope
by the judge who heard the application; and
(b) is not to be opened except by and in
accordance with an order of a judge of the court.
Schedule 1—Revocation of Listening Devices
Rules 1992
1 Revocation
of Listening Devices Rules 1992
(1) The Listening Devices Rules 1992 (the
revoked rules) are revoked.
(2) The revocation does not affect—
(a) the validity of any warrant issued under
the revoked rules or proceedings relating to any such warrant; or
(b) the admissibility of evidence obtained by
the use of any such warrant.